Rule 13 — CCS (CCA) Rules
Original Rule Text
13. Authority to institute proceedings
(1) The President or any other authority empowered by him by general or special order may: -
(a) institute disciplinary proceedings against any Government servant;
(b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom that disciplinary authority is competent to impose under these: rules any oft the: penalties specified in rule 11.
(2) A disciplinary authority competent under these rules to mmoos any of the penalties specified in clauses ( to
(iv) of rule 11 may institute disciplinary proceedings against any Government servant for the imposition of any: of the penalties specified in clauses
(v) to
(ix) of rule 11 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.
# PART VI - PROCEDUUR FOR IMPOSING PENALTIES
What This Means
Rule 13 deals with who can initiate or institute disciplinary proceedings. The President, or any authority empowered by him, can initiate proceedings against any government servant. Additionally, any disciplinary authority can direct a lower disciplinary authority to initiate proceedings against a government servant on whom that lower authority is competent to impose penalties.
The most interesting provision is in Rule 13(2): even a disciplinary authority that can only impose minor penalties can initiate proceedings that could result in major penalties being imposed by a higher authority. This prevents situations where a lower authority turns a blind eye to serious misconduct merely because it cannot itself impose a major penalty. The lower authority initiates the proceedings; the case is then handled or taken over by the appropriate higher authority for imposition of the major penalty.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1President or any empowered authority can initiate disciplinary proceedings against any government servant
- 2A disciplinary authority can direct a lower disciplinary authority to initiate proceedings
- 3A minor-penalty authority CAN initiate proceedings for major penalties — it does not need to be competent to impose those penalties itself
- 4This ensures serious misconduct is not overlooked merely because the immediate supervisor lacks major penalty powers
- 5Separates the power to initiate proceedings from the power to impose penalties
Practical Example
Sanjay Verma is a Group C employee. His Head of Office notices that he has been regularly leaking confidential information to an external party — a very serious offence that warrants dismissal. The Head of Office is only competent to impose minor penalties on Sanjay.
Under Rule 13(2), the Head of Office can still initiate the disciplinary proceedings. Once the preliminary inquiry confirms the seriousness of the charge, the case is forwarded to the appropriate higher authority — in this case, the appointing authority — who will conduct or direct the formal inquiry under Rule 14 and impose the major penalty if warranted. This avoids a situation where the Head of Office simply ignores the misconduct on the pretext that dismissal is beyond his powers.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.